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(영문) 부산지방법원 2018.07.12 2017가단319398
손해배상(기)
Text

1. The Plaintiff:

A. Defendant C’s KRW 75,00,000 and its annual rate shall be 5% from April 9, 2017 to September 22, 2017.

Reasons

1. Basic facts

A. Defendant B is a licensed real estate agent running “G” located in the Busan F (hereinafter “H real estate”).

B. Defendant C (tentative name I) served as a brokerage assistant from April 2016 to H real estate as the children of Defendant B.

Defendant E served as an employee of Defendant C with Defendant C as an employee of H real estate.

C. The Defendant Korean Licensed Real Estate Agent Association (hereinafter “Defendant Association”) is a mutual aid business entity that has entered into a mutual aid agreement with the parties to a transaction, which provides compensation for the damage of the parties to the transaction where Defendant B caused property damage by intention or negligence in connection with the act of real estate brokerage.

Defendant D has the right to sell in lots (hereinafter “instant right to sell in lots”) 105, 2502, Busan Dong-gu J apartment (hereinafter “instant apartment”).

E. On April 2017, Defendant C recommended Defendant D to purchase the instant sales right at KRW 75 million, showing the Plaintiff’s photograph and Defendant D’s resident registration certificate pictures regarding the instant sales right, and soliciting Defendant D to purchase the instant sales right at KRW 75 million.

F. On April 8, 2017, the Plaintiff remitted KRW 50 million out of the purchase price of the instant sales tickets to the account of Defendant D’s bank, and remitted the remainder KRW 25 million to Defendant E’s account designated by Defendant C.

However, there was no fact that Defendant C was requested from Defendant D to sell the sales right of this case.

G. Defendant C was prosecuted for a crime of fraud, etc. with several recommendations, including the instant case, to Busan District Court and was sentenced to a conviction in the first instance trial (Seoul District Court Decision 2017Da423, Mar. 23, 2018, etc.) and currently pending appellate trial.

(Supplementary High Court 2018No225). [Grounds for recognition] ① Defendant B and C: Article 150(3) of the Civil Procedure Act; ② The remaining Defendants: Gap evidence 1-7, Eul evidence 2-6, Eul evidence 2-3, 11, 12, 13, 16, and 17; the purport of the whole pleadings.

2. As to Defendant C

(a)the indication of the claim;

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